TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 85. VEHICLE STORAGE FACILITIES

16 TAC §85.722

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 85, §85.722, regarding the Vehicle Storage Facilities Program, without changes to the proposed text as published in the August 13, 2021, issue of the Texas Register (46 TexReg 4965). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 85 implement Texas Occupations Code, Chapter 2303, Vehicle Storage Facilities.

The adopted rule addresses the maximum amounts for vehicle storage and impoundment fees that may be charged by a vehicle storage facility company. The adopted rule increases the allowable vehicle storage facility impoundment fee and daily storage fee in accordance with changes in the Consumer Price Index (CPI) during the preceding state fiscal biennium, as authorized by statute. Pursuant to Texas Occupations Code §2303.1552, the Texas Commission of Licensing and Regulation (Commission) is authorized to adjust the vehicle impoundment and daily storage fees based upon changes in the CPI not later than November 1 of every odd-numbered year. The adopted rule, based upon analysis of the CPI during the preceding state fiscal biennium by Department staff, is necessary to comply with the statutory requirements to implement changes in the vehicle impoundment and storage fees for 2021.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §85.722(d) by reflecting the new maximum amounts for daily storage fees that may be charged by a vehicle storage facility in connection with receipt and storage of a vehicle, as authorized by statute.

The adopted rule amends §85.722(e) by reflecting the new maximum amount for the vehicle impoundment fee that may be charged by a vehicle storage facility in connection with impoundment and custody of a vehicle, as authorized by statute.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the August 13, 2021, issue of the Texas Register (46 TexReg 4965). The deadline for public comments was September 13, 2021. The Department received seven comments from six interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment - The Department received a comment from an interested party in opposition to the proposed rule which asserted that VSF fees should increase with the cost of living. Moreover, the commenter stated the proposed storage fee was too low and should rise with property tax rates. The commenter proposed a 3% annual rise in VSF fees.

Department Response - The Department respectfully disagrees with this comment. In determining the VSF daily storage fee and the impoundment fee levels, the Department was bound by the statutory calculation method under Occupations Code §2303.1552. The method by which the proposed fees were reached was based upon changes in the consumer price index for urban consumers (CPI-U) during the preceding state biennium. The Department was not authorized by statute to employ any other method. No change was made to the proposed rule as a result of this comment.

Comment - The Department received a comment from an interested party that contended that the VSF notification fee was excessive, and that the Department should have consulted with licensees prior to determining the proposed levels for the daily storage fee and the impoundment fee. The commenter further objected and noted that, after 14 years of regulation, the daily storage fee was not raised enough to compensate the licensees.

Department Response - The Department respectfully disagrees with this comment. In determining the VSF daily storage fee and the impoundment fee levels, the Department was bound by the statutory calculation method under Occupations Code §2303.1552. The method by which these fees were reached was based upon changes in the consumer price index for urban consumers (CPI-U) during the preceding state biennium. The Department was not authorized by statute to employ any other method. Moreover, the notification fee was not amended by the current rulemaking. Consequently, that aspect of the comment was beyond the scope of the proposed rule. No change was made to the proposed rule as a result of this comment.

Comment - The Department received two comments from the Southwest Tow Operators Association (STOA) in opposition to the proposed rule. The second comment was nearly identical to the first but offered a correction to an exhibit in the initial comment. The commenter contended that the proposed fee increases made an error in using 2005 fee rates to calculate the proposed fees. STOA asserted that the Department should have accounted for increases in the CPI over the last 14 years, as contemplated by the Legislature in Occupations Code §2303.1552. The commenter notes that the increase in CPI over this time period should have been used in the methodology prior to calculating the CPI increase. The commenter argued that the higher fee adjustment does not harm Texas consumers and properly compensates operators for their true expenses based on today's prices not those of 2005.

Department Response - The Department respectfully disagrees with this comment. In determining the VSF daily storage fee and the impoundment fee levels, the Department was bound by the statutory calculation method under Occupations Code §2303.1552. The method by which these proposed fees were reached was based upon changes in the consumer price index for urban consumers (CPI-U) during the preceding state biennium. The Department was not authorized by statute to employ any other method. The Department further notes that the daily storage fee was raised two years ago. No change was made to the proposed rule as a result of this comment.

Comment - The Department received a comment from an interested party opposing the proposed rule that contended the proposed VSF storage fee increases were not set high enough and suggested that the fee should be set at $30 per day for vehicles less than 25 feet, and $45 per day for those vehicles exceeding that length. The commenter noted that there had not been a significant increase in the storage fee for a long time.

Department Response - The Department respectfully disagrees with this comment. In determining the proposed VSF daily storage fee, the Department was bound by the statutory calculation method under Occupations Code §2303.1552. The method by which the daily storage fee level was reached was based upon changes in the consumer price index for urban consumers (CPI-U) during the preceding state biennium. The Department was not authorized to employ any other method. Moreover, the Department notes that the daily storage fee was raised two years ago. No change was made to the proposed rule as a result of this comment.

Comment - The Department received a comment from an interested party in support of the amendments to the proposed rule, describing the fee increases as aiding licensees in absorbing increased operational costs.

Department Response - The Department appreciates the comments in support of the proposed rule and no change was made to the proposed rule as a result of this comment.

Comment - The Department received a comment from the American Property Casualty Insurance Association (APCIA) in opposition to the proposed rule. The APCIA is concerned that the proposed rule will lead to higher insurance premiums for consumers if the changes are adopted.

Department Response - The Department respectfully disagrees with this comment. While the Department does not comment on the future of consumer insurance premiums as a result of the proposed rule, the Department notes that it is bound by the dictates for statutory calculation method under Occupations Code §2303.1552. The Department was not authorized to employ any other method or consideration not authorized by law. No change was made to the proposed rule as a result of this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Towing and Storage Advisory Board met on September 15, 2021, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register. At its meeting on October 5, 2021, the Commission adopted the proposed rules as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 2303, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 2303. No other statutes, articles, or codes are affected by the adopted rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 12, 2021.

TRD-202104041

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: November 1, 2021

Proposal publication date: August 13, 2021

For further information, please call: (512) 463-3671


CHAPTER 86. VEHICLE TOWING AND BOOTING

16 TAC §86.455

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 86, §86.455, regarding the Vehicle Towing and Booting program, without changes to the proposed text as published in the August 13, 2021, issue of the Texas Register (46 TexReg 4967). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 86 implement Texas Occupations Code, Chapter 2308, Vehicle Towing and Booting.

The adopted rule addresses the maximum amounts for private property tows and drop fees that may be charged by a towing company. Pursuant to Occupations Code §2308.0575, the Texas Commission of Licensing and Regulation (Commission) is required to biennially contract for a fee study which examines private property towing fees assessed by towing companies based on factors such as: (1) the costs of company towing services; (2) changes in the Consumer Price Index for All Urban Consumers (CPI-U); (3) the geographic area, in this instance, a specific focus on the urban consumers for the U.S. South Region; and (4) individual cost components, including the CPI-U for motor vehicle maintenance and repair and the CPI-U for motor vehicle insurance and state gasoline prices. The adopted rule is based upon findings from the 2020 fee study and is necessary to comply with the statutory requirements to implement the biennial adjustment of fees for 2021, in order to protect public health and safety of consumers.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §86.455(b), by reflecting the new maximum amounts for private property tows that may be charged by a towing company in connection with a private property tow, as determined by the 2020 fee study required by statute.

The adopted rule amends §86.455(c), by reflecting the new maximum amounts for motor vehicle drop charges that may be charged by a towing company in connection with a private property tow prior to its removal from the premises or parked location, as determined by the 2020 fee study required by statute.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the August 13, 2021, issue of the Texas Register (46 TexReg 4967). The deadline for public comments was September 13, 2021. The Department received comments from four interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment - The Department received a comment from an interested party that contended that the private property tow fee increase would adversely impact the current economy and hurt Texas consumers.

Department Response - The Department respectfully disagrees with this comment. In determining the proposed private property tow fees, the Department was bound by the statutory calculation method under Occupations Code §2308.0575(b). The method employed for these proposed fees were reached from the results of a Department contracted fee study that examined the results of previous fee studies, the costs of towing services by company, the consumer price index, geographic area, and individual cost components. The Department was not authorized to employ any other method. The proposed fees were the product of that method. No change was made to the proposed rule as a result of this comment.

Comment - The Department received two comments from interested parties in support of the amendment to the proposed rule, describing the fee increases as aiding licensees in absorbing increased operational costs.

Department Response - The Department appreciates the comments in support of the proposed rule and no change was made to the proposed rule as a result of this comment.

Comment - The Department received a comment in opposition to the proposed rule from an interested party that contended that towing fees are not affordable and requested that they not increase.

Department Response - The Department acknowledges and respectfully disagrees with this comment. In determining the proposed private property tow fees, the Department was bound by the statutory provisions under Occupations Code §2308.0575(b). In keeping with the law, the Department contracted fee study reached the increase in private property tow fees as indicated in the proposed rule. The proposed increase is mandated by law to take effect not later than November 1st of this year. The Department was not authorized to employ any other method. No change was made to the proposed rule as a result of this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Towing, Storage and Booting Advisory Board met on September 15, 2021, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register. At its meeting on October 5, 2021, the Commission adopted the proposed rules as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 2308, which authorize the Commission to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 2308. No other statutes, articles, or codes are affected by the adopted rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 12, 2021.

TRD-202104040

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: November 1, 2021

Proposal publication date: August 13, 2021

For further information, please call: (512) 463-3671


CHAPTER 88. POLYGRAPH EXAMINERS

16 TAC §§88.1, 88.10, 88.20 - 88.29, 88.40, 88.70 - 88.80, 88.90, 88.91, 88.100, 88.101

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 88, §§88.1, 88.10, 88.20 - 88.29, 88.40, 88.70 - 88.80, 88.90, 88.91, 88.100, and 88.101, regarding the Polygraph Examiners Program, without changes to the proposed text as published in the August 20, 2021, issue of the Texas Register (46 TexReg 5123). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 88 implement Texas Occupations, Chapter 1703, Polygraph Examiners.

The adopted repeals implement House Bill (HB) 1560, 87th Legislature, Regular Session (2021), which deregulates the polygraph examiners program by repealing Chapter 1703, Occupations Code, effective September 1, 2021. The adopted repeals are necessary to repeal the existing chapter establishing the regulatory structure for polygraph examiner licenses. Due to the repeal of Chapter 1703, Occupations Code, the Department no longer has authority over the licensure of Polygraph Examiners, and the adopted repeals remove all rules related to the regulation of this program.

SECTION-BY-SECTION SUMMARY

The adopted repeal of §88.1, Authority. This section states the authority for regulation by the Department.

The adopted repeal of §88.10, Definitions. This section provides definitions for Chapter 88.

The adopted repeal of §88.20, Licensing Requirements--Polygraph Examiner. This section establishes licensure requirements for the Polygraph Examiner license.

The adopted repeal of §88.21, Licensing Requirements--Polygraph Examiner Renewal. This section establishes renewal licensure requirements for the Polygraph Examiner license.

The adopted repeal of §88.22, Licensing Requirements--Polygraph Examiner Non-resident Applicants. This section establishes non-resident application requirements for the Polygraph Examiner license.

The adopted repeal of §88.23, Licensing Requirements--Registration with County Clerk. This section establishes the registration requirements with county clerks.

The adopted repeal of §88.24, Licensing Requirements--Polygraph Examiner Applicant with Out-of-State License. This section establishes the out-of-state reciprocity procedures for Polygraph Examiner license applications.

The adopted repeal of §88.25, Continuing Education. This section establishes continuing education requirements for the licenses issued under Chapter 88.

The adopted repeal of §88.26, Licensing Requirements--Polygraph Examiner Internship License. This section establishes licensure requirements for the Polygraph Examiner Internship license.

The adopted repeal of §88.27, Polygraph Examiner Internship License Term. This section establishes the term of a Polygraph Examiner Internship license.

The adopted repeal of §88.28, Responsibilities of Registered Curriculum Providers. This section establishes requirements for curriculum providers.

The adopted repeal of §88.29, State Examination for Polygraph Examiner License. This section establishes the requirements for examination eligibility and passage.

The adopted repeal of §88.40, Financial Security. This section establishes financial security requirements of $5,000 for Polygraph Examiner licensees.

The adopted repeal of §88.70, General Responsibilities--Sponsor. This section outlines the responsibilities of a sponsor for a trainee.

The adopted repeal of §88.71, General Responsibilities--Polygraph Examiner Internship. This section outlines the responsibilities of a trainee in an internship.

The adopted repeal of §88.72, Responsibility of Licensee--Change of Name and/or Address. This section establishes the requirement to inform the Department of a change of name or address.

The adopted repeal of §88.73, Responsibility of Licensee--Display of License. This section establishes the requirement to display a Polygraph Examiner license.

The adopted repeal of §88.74, Responsibility of Licensee--Conducting Polygraph Examinations. This section establishes the responsibilities of a Polygraph Examiner during a polygraph examination.

The adopted repeal of §88.75, Responsibility of Licensee--Prohibited Acts. This section establishes prohibited acts by licensees under Chapter 88.

The adopted repeal of §88.76, Responsibility of Licensee--Polygraph Examination Results. This section outlines the responsibilities of licensees after conducting a polygraph examination.

The adopted repeal of §88.77, Responsibility of Licensee--Confidentiality of Examination Results. This section establishes the confidentiality of polygraph examination results.

The adopted repeal of §88.78, Responsibility of Licensee--Contract for Services and Waiver of Liability. This section contains mandatory language that must be included in any contract for polygraph examinations or waivers of liability.

The adopted repeal of §88.79, Responsibility of Licensee--Record Keeping. This section establishes the recordkeeping requirements a licensee must observe for polygraph examinations.

The adopted repeal of §88.80, Fees. This section establishes the fees to be paid to the Department for licenses issued under Chapter 88.

The adopted repeal of §88.90, Sanctions and Administrative Penalties. This section establishes that the Department may apply sanctions or administrative penalties under Chapter 88 or other Department laws and rules.

The adopted repeal of §88.91, Enforcement Authority. This section establishes the Department's enforcement authority.

The adopted repeal of §88.100, Technical Requirements--Polygraph Examiner Course Training Material and Internship. This section establishes the hours and subject matter requirements for Polygraph Examiner license training courses.

The adopted repeal of §88.101, Other Instruments and Instrumentation. This section states that the Texas Commission of Licensing and Regulation (Commission) may adopt rules to identify instruments acceptable for use in Texas.

PUBLIC COMMENTS

The Department drafted and distributed the proposed repeals to persons internal and external to the agency. The proposed rules were published in the August 20, 2021, issue of the Texas Register (46 TexReg 5123). The deadline for public comments was September 20, 2021. The Department received comments from one interested party on the proposed rules during the 30-day public comment period. The public comment is summarized below.

Comment -- One commenter expressed sadness with the Texas Legislature's decision to deregulate polygraph examiners in Texas, and concern regarding the legitimacy of the profession in the future.

Department Response -- This comment is outside the scope of the proposed rules as it concerns legislative decision-making by elected representatives. The Department has made no changes as a result of this comment.

COMMISSION ACTION

At its meeting on October 5, 2021, the Commission adopted the proposed rules as recommended by the Department.

STATUTORY AUTHORITY

The adopted repeals are adopted under Texas Occupations Code, Chapters 51 and 1703, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and 1703. No other statutes, articles, or codes are affected by the adopted repeals.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 12, 2021.

TRD-202104039

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: November 1, 2021

Proposal publication date: August 20, 2021

For further information, please call: (512) 463-3671


CHAPTER 97. MOTOR FUEL METERING AND QUALITY

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 97, Subchapter A, §97.1 and §97.2, and Subchapter D, §97.59; and adopts a new rule at Subchapter B, §97.29, regarding the Motor Fuel Metering and Quality Program, without changes to the proposed text as published in the August 6, 2021, issue of the Texas Register (46 TexReg 4814). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 97 implement Texas Business and Commerce Code, Chapter 607, Payment Card Skimmers on Motor Fuel Metering Devices.

The adopted rules are necessary to implement House Bill (HB) 2106, 87th Legislature, Regular Session (2021), which transferred regulatory authority related to payment card skimmers on motor fuel metering devices from the Office of the Attorney General (OAG) to the Department effective September 1, 2021. The adopted rules are necessary to reconcile differences in the legislation and current Department rules and enable the Texas Commission of Licensing and Regulation, the Department's governing body (Commission), and the Department to administer Chapter 607, Texas Business and Commerce Code.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §97.1, Authority, by adding a reference to the Texas Business and Commerce Code.

The adopted rules amend §97.2, Definitions, by adding definitions for "Merchant," and "Skimmer," to align with statute, and renumbering the remaining definitions.

The adopted rules add new §97.29, Discovery of Payment Card Skimmers, which prescribes the requirements a merchant must follow if a skimmer is located at their facility.

The adopted rules amend §97.59, Inspection for Payment Card Skimmers. The adopted rules remove the definitions which were included in proposed §97.2 and prescribe that service companies must report skimmers, as required by statute.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the August 6, 2021, issue of the Texas Register (46 TexReg 4814). The deadline for public comments was September 6, 2021. The Department received comments from one interested party on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: The Department received a comment from an individual regarding training and procedures related to skimmer identification.

Department Response: The comment is outside the scope of the proposed rule, and the Department has taken no action on the comment; however, the comment has been provided to staff for consideration.

COMMISSION ACTION

At its meeting on October 5, 2021, the Commission adopted the proposed rules as recommended by the Department.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §97.1, §97.2

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and Chapter 2310, and Texas Business and Commerce Code, Chapter 607, which authorize the Commission, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 2310, and Texas Business and Commerce Code, Chapter 607. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 12, 2021.

TRD-202104031

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: November 1, 2021

Proposal publication date: August 6, 2021

For further information, please call: (512) 463-3671


SUBCHAPTER B. MOTOR FUEL METERING DEVICES

16 TAC §97.29

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and Chapter 2310, and Texas Business and Commerce Code, Chapter 607, which authorize the Commission, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 2310, and Texas Business and Commerce Code, Chapter 607. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 12, 2021.

TRD-202104034

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: November 1, 2021

Proposal publication date: August 6, 2021

For further information, please call: (512) 463-3671


SUBCHAPTER D. SERVICE COMPANIES AND SERVICE TECHNICIANS

16 TAC §97.59

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and Chapter 2310, and Texas Business and Commerce Code, Chapter 607, which authorize the Commission, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 2310, and Texas Business and Commerce Code, Chapter 607. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 12, 2021.

TRD-202104035

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: November 1, 2021

Proposal publication date: August 6, 2021

For further information, please call: (512) 463-3671


PART 8. TEXAS RACING COMMISSION

CHAPTER 303. GENERAL PROVISIONS

SUBCHAPTER D. TEXAS BRED INCENTIVE PROGRAMS

DIVISION 3. PROGRAMS FOR GREYHOUNDS

16 TAC §303.102

The Texas Racing Commission ("the Commission") adopts amendments to 16 TAC §303.102, Greyhound Rules, without changes to the text as proposed in the August 13, 2021, issue of the Texas Register (46 TexReg 4968). The amendments allow for the Texas Greyhound Association (TGA), rather than the National Greyhound Association, to register greyhounds as Texas-bred. These amendments were requested by the TGA as a cost-saving measure for its members. The rule will not be republished.

REASONED JUSTIFICATION

The reasoned justification for these amendments is reduced cost to persons wishing to register Texas-bred greyhounds.

PUBLIC COMMENTS

No comments were submitted in response to the proposal of these amendments.

STATUTORY AUTHORITY

The amendments are adopted under Tex. Occ. Code § 2023.004, which authorizes the Commission to adopt rules to administer the Act.

No other statute, code, or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 18, 2021.

TRD-202104117

Connie Estes

Interim Executive Director

Texas Racing Commission

Effective date: November 7, 2021

Proposal publication date: August 13, 2021

For further information, please call: (512) 833-6699